1801533 (Refugee)

[2018] AATA 1751

1801533 (Refugee) [2018] AATA 1751 (31 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1801533

COUNTRY OF REFERENCE:                  Taiwan

MEMBER:Nathan Goetz

DATE:31 May 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 31 May 2018 at 5:00pm

CATCHWORDS
Refugee – Protection visa – Taiwan – Applicant out of Australia – Decision under review affirmed  

LEGISLATION
Migration Act 1958, ss 36, 65

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant claims to be a citizen of Taiwan applied for the visa on 30 August 2017. On 10 January 2018 the delegate refused to grant the applicant a protection visa.

3. On 21 January 2018 the applicant applied for a review of this decision with the Tribunal.

4. For the following reasons, the Tribunal has decided to affirm the decision under review.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. Under s.65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied.

6. So far as is relevant to this matter, s.36(2) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia. This means that a protection visa may only be granted if the applicant is in Australia.

7. Movement records indicate that the applicant is not in Australia. It appears that she left Australia on 17 February 2018 and has not returned.  On 7 May 2018, the Tribunal wrote to the applicant advising that its records showed that she is not in Australia and therefore could not be granted a protection visa and inviting the applicant to comment on the information by 21 May 2018. No response from the applicant has ever been received by the Tribunal.

8. The Tribunal is satisfied from the circumstances set out above that the applicant is not in Australia. Therefore, the applicant does not satisfy the requirements of s.36(2) and cannot be granted a protection visa.

9. Having reached this conclusion, it is not necessary to consider the applicant's substantive case for the grant of the visa.

   DECISION

10. The Tribunal affirms the decision not to grant the applicant a protection visa.

    Nathan Goetz
    Member